CHAPTER 749

FORMERLY

SENATE JOINT RESOLUTION NO. 57

AUTHORIZING THE ESTABLISHMENT OF AN ADVISORY COUNCIL ON THE PORT PENN - AUGUSTINE BEACH PROJECT TO SERVE IN AN ADVISORY CAPACITY UNTIL COMPLETION OF THE PROJECT, AND NAMING THE MEMBERS THERETO.

WHEREAS, the Division of Fish and Wildlife of the Department of Natural Resources and Environmental Control has determined that the Port Penn - Augustine Beach area is in need of substantial improvements and renovations to stabilize the beach areas; and

WHEREAS, the Capital Improvement Bond Bill of 1975 provided funds for the design and engineering of the project; and

WHEREAS, the Division of Fish and Wildlife is prepared to advertise for bids for the design and engineering of new facilities for the Augustine Beach fishing access area; and

WHEREAS, it is essential that citizens of the area have continuous input into the design and location of the facilities planned.

NOW, THEREFORE:

BE IT RESOLVED by the members of the Senate of the 128th General Assembly of the State of Delaware, the Governor concurring therein, that an advisory council is hereby formed to enable the citizens of the area to have input into the design and location of the facilities at the Port Penn - Augustine Beach area until the project is completed. The Advisory Council shall consist of ten members composed of the following individuals: Senator J. Donald Isaacs, Representative Winifred Spence, David E. Arm-

strong, John R. Finnegan, John Martyniack, Jr., J. Kent Murphy, Emory C. Reader, Jr., Julia L. Sidwell, William S. Sidwell, and Donald H. Williams, Sr.

Approved July 21, 1976

CHAPTER

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

(DOVER)

EXECUTIVE ORDER NUMBER SEVENTY-SIX

TO: Heads of All State Departments and Agencies

RE: Establishement of a Single Organizational Element to Carry out the Functions, Duties and Responsibilities of Child Support Enforcement

WHEREAS, pursuant to §7903(7), Title 29, Delaware Code, the Secretary of Health and Social Services, with the concurrence of the Governor, has the power to "establish, consolidate, abolish, transfer or combine the powers, duties and functions of the Divisions subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, providing that all duties and functions required shall be provided for and maintained"; and

WHEREAS, Public Law 93-647, enacted by the Senate and House of Representatives of the United States of America on January 4, 1975 amended Title IV of the Social Security Act by adding a new Part D - Child Support and Establishment of Paternity - for the purpose of enforcing the support obligations owed by absent parents to their children, locating absent parents, establishing paternity, and obtaining child support; and

WHEREAS, said Public Law requires the State to establish and designate a single and separate organizational unit to administer a State plan for child support enforcement; and

WHEREAS, Public Law 93-647 amendments to Title IV-A provides, et al, that as a condition of eligibility for aid, each applicant or recipient will be required to assign the State any rights to support from any other person such

applicant may have (i) in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and (ii) which have accrued at the time such assignment is executed; and

WHEREAS, Public Law 93-647 also . . . amends Title IV-A of the Social Security Act to provide that the States have in effect a plan approved under Part D and operate a child support program in conformity with such plan.

NOW, THEREFORE, I, SHERMAN W. TRIBBITT, upon the recommendation of the Secretary of Health and Social Services, after his due consultation with the Chief Justice and the Attorney General, and by virtue of the authority vested in me as Governor, do hereby declare and order as follows:

1. The creation of the Bureau of Child Support Enforcement as a single and separate organizational element within the Division of Business Administration and General Services of the Department of Health and Social Services. It shall be assigned those functions and duties essential to the implementation and administration of an effective State plan for child support as set forth in Public Law 93-647 as well as those functions henceforth assigned it by law or the Secretary of Health and Social Services.

0. The Bureau of Child Support Enforcement shall be known as the State IV-D Agency. Said Bureau shall enter into cooperative arrangements with appropriate courts and law enforcement officials of the State of Delaware as are necessary to assist the Bureau in administering the plan and with respect to any other matters of common concern to such courts or officials and this Bureau.

1. Effective date of the creation of the Bureau of Child Support enforcement shall be July 1, 1975.

Approved June 30, 1975